When someone passes away, their assets and debts must be managed, distributed and their estate settled. This whole process of administering a deceased person’s estate is overseen by the probate court to ensure everything is done legally and fairly. One of the first...
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Probate
2 common reasons for will contests
A will is a legal document that provides instructions for how your assets should be divided upon your death. It can also name legal guardians who will take care of your children in the event of an emergency. These are just some of the important reasons to ensure that...
What should you do if a loved one left more than one will?
Maybe you tried to get an aging parent to see an attorney to put an estate plan in place – at least a will. However, they never seemed to want to think about a time when they wouldn’t be around. Now that they’re gone, however, you have found more than one will in with...
Florida snowbirds and ancillary probate: What to know
It’s so common for older people who spend most of their time in the northern states to have winter homes in Florida that they’re commonly called “snowbirds,” because they fly south when the seasons change. Unfortunately, this particular way of living does give rise to...
What does an estate executor do during probate?
The estate executor has an important role during the probate process. The first step of probate is simply to authenticate the will, and then the executor will be named. Many times, people include that they simply want a family member to be the estate executor, but not...
3 signs you may need to challenge the executor of an estate
The executor or administrator of an estate has a lot of responsibility. They need to file paperwork with probate courts, secure property left behind by the deceased and handle all of their obligations to others. Most of the time, an executor will do their duty...
3 grounds for contesting a will in Florida
The Centers for Disease Control reported that the average death rate in the U.S. was 869.7 deaths per every 100,000 individuals in 2019. That same year almost three million Americans died. Death is an unavoidable fact of life and one that may leave behind probate...
What debts do you need to pay for an estate in Florida?
Serving as the executor for someone's estate probably means a lot of work for you. However, it will benefit your deceased loved one and all of the people listed as beneficiaries in their estate plan if you handle things properly. You can also expect the estate to...
Can my family or prior agreements override my will?
A will is a fundamental estate planning tool in Florida, but it may not be the only tool you need. State law, life insurance policies, trusts and other factors may mitigate the effectiveness of your will. Knowing what to address in your will and what may be...
What are the requirements for a personal representative?
Your personal representative will act on your behalf after your death to help with the finalization of your estate. If probate lasts for quite some time, this person will also have to manage your estate until the time of disbursement. According to the Florida Bar, you...